Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Reporting Requirements; Unused Catch Carryover, 31050-31053 [2014-12538]
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31050
Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules and Regulations
the Kent, Seattle, and Tacoma areas.
However, other conformity
requirements still remain such as
consultation (40 CFR 93.112),
transportation control measures (40 CFR
93.113), and project level analysis (40
CFR 93.116).
Transportation conformity is required
by section 176(c) of the Clean Air Act.
Transportation conformity to a SIP
means that on-road transportation
activities will not produce new air
quality violations, worsen existing
violations, or delay timely attainment of
the national ambient air quality
standards. The minimum criteria by
which we determine whether a SIP is
adequate for conformity purposes are
specified at 40 CFR 93.118(e)(4). The
EPA’s analysis of how the LMP satisfies
these criteria is found in the adequacy
letter and its enclosure. The EPA’s
adequacy review is separate from the
EPA’s SIP completeness review and it is
not dispositive of the EPA’s ultimate
action on the SIP.
Authority: 42 U.S.C. 7401–767Iq.
Dated: May 23, 2014.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2014–12604 Filed 5–29–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 131030919–4436–02]
RIN 0648–BD73
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Reporting
Requirements; Unused Catch
Carryover
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is implementing two
measures in this rulemaking: A
requirement for daily Vessel Monitoring
System (VMS) catch reporting for
vessels declared to fish in the Eastern
U.S./Canada Area; and the de minimis
amount of unused fishing year (FY)
2013 sector annual catch entitlement
(ACE) that may be carried over,
beginning in FY 2014, without being
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SUMMARY:
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14:58 May 29, 2014
Jkt 232001
subject to potential accountability
measures. The revision to the reporting
requirement is necessary to ensure
accurate and timely Eastern U.S./
Canada Area catch reporting for quota
monitoring purposes. The de minimis
carryover amount is necessary to
complete the carryover process NMFS
described for FY 2014 in conjunction
with the May 2013 rulemaking for
Framework Adjustment 50 to the
Northeast (NE) Multispecies Fishery
Management Plan (FMP).
DATES: This rule is effective June 30,
2014. The de minimis carryover amount
outlined in Table 1 in the preamble is
effective June 30, 2014, through April
30, 2015.
ADDRESSES: Copies of Framework 50
and its associated documents, including
the environmental assessment (EA), the
Regulatory Impact Review (RIR), and the
Final Regulatory Flexibility Analysis
(FRFA) prepared by the Council and
NMFS are available from John K.
Bullard, Regional Administrator, NMFS
Northeast Regional Office (NERO), 55
Great Republic Drive, Gloucester, MA
01930. The previously listed documents
are also accessible via the Internet at:
https://www.nero.noaa.gov/sfd/
sfdmulti.html.
FOR FURTHER INFORMATION CONTACT: For
information on the Eastern U.S./Canada
Area reporting requirements in this rule
contact Liz Sullivan, Fishery
Management Specialist, phone: 978–
282–8493. For information on the
unused ACE de minimis carryover
amount, contact Mike Ruccio, Fishery
Policy Analyst, phone: 978–281–9104.
SUPPLEMENTARY INFORMATION:
1. Background
Eastern U.S./Canada Area Daily VMS
Reporting. Prior to FY 2013, the
regulatory text for the catch monitoring/
attribution program for Georges Bank
(GB) cod and haddock required that all
GB cod and haddock caught on a trip in
which a vessel fished in both the
Western and Eastern U.S./Canada Areas
be attributed to the Eastern Area. In
practice, we attributed catch of these
stocks to areas fished based on our
understanding that Amendment 16 to
the FMP intended this result; however,
the regulatory text was inadvertently left
unchanged from pre-Amendment 16
measures.
In commenting on a proposed rule for
Amendment 48 to the FMP (78 FR
18188; March 25, 2013), which included
a measure to correct this inadvertent
language holdover, the New England
Fishery Management Council (Council)
objected to the proposed revision,
stating it was inconsistent with their
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intent in Amendment 16. Because the
proposed change was meant to reflect
Council intent regarding Amendment
16, we withdrew its proposed revision,
leaving the original text in place in the
final rule (i.e., GB cod and haddock
catch would be attributed to the Eastern
U.S./Canada Area). We noted this
change as an interim measure, but asked
for comments as it varied from the
proposed rule. We then received a
second comment letter from the Council
on the interim measure, retracting the
first statement of intent, and supporting
the approach we first proposed. The
Council also suggested that the
requirement for daily reporting of catch
in the Eastern Area should be
reinstituted as allowed under
Amendment 16 through Regional
Administrator authority to better ensure
timely and accurate reporting for quota
monitoring purposes.
Based on the second Council letter,
we announced on July 10, 2013, that
Eastern U.S./Canada Area catch
monitoring was being changed from the
interim method to a system that
apportions catch based on area fished,
consistent with the recommendation of
the Council and the 2013 proposed rule
measure. We published the final rule for
this monitoring method on August 29,
2013 (78 FR 53363). Accounting for all
FY 2013 trips has been retroactively
revised from the interim approach to the
area fished method. Such changes were
considered to be within the purview of
the Regional Administrator
(§ 648.85(a)(3)(ii)(A)).
The Amendment 16 final rule (75 FR
18262; April 9, 2010) also intended to
remove the requirement for sector
vessels to submit daily VMS catch
reports when declared into the U.S./
Canada Management Area, as well as
the two Eastern U.S./Canada Special
Access Programs (SAPs; the Closed Area
II Yellowtail Flounder/Haddock SAP
and the Eastern U.S./Canada Haddock
SAP), because the requirement for a
weekly sector manager report was
determined to be sufficient by the
Regional Administrator. This intent was
captured in the preamble of the
proposed and final rules for
Amendment 16; however, this change
was not reflected in the regulatory text
at § 648.85(a)(3)(v). Subsequently, the
Council requested that we implement a
daily reporting requirement for the
Eastern U.S./Canada Area to address
misreporting and ensure more accurate
and timely reporting for this area. As
part of the rulemaking on August 29,
2013 (78 FR 53363), we announced our
intention to require sector vessels
declared to fish in the Eastern U.S./
Canada Area to submit daily VMS catch
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Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules and Regulations
reports. We did not, and do not, intend
to change the weekly reporting
requirement for vessels declared only
into the Western U.S./Canada Area.
Because the daily reporting
requirement is already specified in the
regulations (§ 648.85(a)(3)(v)) for vessels
declared into the Eastern U.S./Canada
Area, this provision need not change,
except to clarify that the daily reporting
requirement does not apply to vessels
declared only into the Western U.S./
Canada Area. Accordingly, this action
modifies the reporting requirement of
§ 648.85(a)(3)(v) to clarify that only
sector vessels that have declared into
the Eastern U.S./Canada Area are
required to submit daily catch reports,
and that, for vessels declared only into
the Western U.S./Canada Area, sectors
must continue to submit weekly sector
catch reports. The intent of this action
is to improve the accuracy of reporting
of the Eastern U.S./Canada Area.
De Minimis Unused Sector ACE
Carryover. In conjunction with the rule
implementing Framework Adjustment
50 for FY 2013, we issued rulemaking
under section 305(d) of the MagnusonStevens Act to clarify how accounting
for year-to-year unused sector ACE
carryover would be handled beginning
in FY 2014 (78 FR 26172; May 3, 2013).
The applicable regulations outlining the
carryover system, including the
revisions made in Framework
Adjustment 50, can be found in
§ 648.87(b)(1)(i)(F)(1)–(5).
Our clarification specified that sectors
would be held accountable for any
overage of the sector-specific sub-annual
catch limit (sub-ACL) if the total fishery
level ACL were exceeded in any given
year, consistent with the existing
accountability measures regulations.
The clarification makes explicitly clear
that sectors would be accountable for
carried-over catch used if the total ACL
is exceeded, except for a nominal de
minimis amount to be determined by
NMFS. We believe providing a nominal
amount of carryover is an important
safety consideration because, by
allowing some carryover, vessels could
elect to forego some portion of, or entire,
late-season fishing trips for safety
reasons, knowing that they could
instead harvest the de minimis amount
in the next fishing year, irrespective of
any accountability measures.
Substantial explanation of the carryover
program accounting is provided in
Framework 50 and the associated
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rulemaking documents, and is not
repeated here.
Recently, the U.S. District Court
(District of Columbia) found that the FY
2013 carryover catch accounting
measures implemented as a transitionyear approach, before a system that
maintained full accountability if total
ACLs are exceeded, violated the
Magnuson-Stevens Act. We will be
developing a separate emergency
rulemaking to implement a remedy for
carryover of FY 2013 catch to 2014.
2. Approved Measures
Eastern U.S./Canada Area Daily VMS
Reporting. NMFS approves the
requirement for sector vessels declared
to fish in the Eastern U.S./Canada Area
to submit daily VMS catch reports. The
reports must be submitted in 24-hour
intervals for each day, and are required
to include at least the following
information:
1. VTR serial number or other
universal ID specified by the Regional
Administrator;
2. Date fish were caught and statistical
area in which the fish were caught; and
3. Total pounds of cod, haddock,
yellowtail flounder, winter flounder,
witch flounder, pollock, American
plaice, redfish, Atlantic halibut, ocean
pout, Atlantic wolffish, and white hake
kept (in pounds, live weight) in each
broad stock area, specified in
§ 648.10(k)(3), as instructed by the
Regional Administrator.
The regulations at § 648.85(a)(3)(v)
currently require sector vessels to
submit daily reports if they declare into
a U.S./Canada Area. This rule does not
require a substantive change to the
regulations for vessels declared into the
Eastern U.S./Canada Area, because daily
reporting is needed in the Eastern U.S./
Canada Area to ensure accurate catch
reporting. However, although the
previous regulatory text required daily
reporting for vessels declared into the
Western U.S./Canada Area, weekly
sector catch reports have been
determined to be sufficient for that area.
Therefore, the regulatory text at
§ 648.85(a)(3)(v) is modified to delete
the daily reporting requirement for such
vessels.
Pursuant to the regulations at
§ 648.10(k)(2), vessels that have
declared their intent to fish within
multiple Broad Stock Areas must submit
a trip-level hail report via VMS. This
report must include the landed weight
of regulated species and total retained
catch, unless the vessel is fishing in a
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31051
special management program such as
the Eastern U.S./Canada Area, and is
required to submit daily reports via
VMS. With this rule, a sector vessel on
a trip declared into the Eastern U.S./
Canada Area and fishing in multiple
Broad Stock Areas is exempt from the
requirement to submit a trip-level catch
report.
A sector vessel using an annually
approved sector exemption from the
requirement to declare intent to fish in
either the Closed Area II Yellowtail
Flounder/Haddock SAP or the Eastern
U.S./Canada Haddock SAP from the
dock (known as flexing) will be required
to submit a report to indicate their catch
for the trip up until the time they
declare into the Eastern U.S./Canada
SAP. Once declared into either of these
SAPs, the sector vessel must submit
daily reports for the remainder of the
trip.
De Minimis Unused Sector ACE
Carryover. NMFS approves the measure
to provide 1 percent of the annual sector
sub-annual catch limit (sub-ACL) as the
de minimis carryover amount, starting
in FY 2014. This de minimis amount of
carryover, if used, will not be
specifically counted against the sector
ACE or ACL for accountability
purposes. The full sub-ACL is still
allocated to sectors as ACE (i.e., not
reduced by 1 percent). The existing
carryover provision that allows up to 10
percent of unused sector ACE to be
carried over remains in effect; however,
any carried over catch in excess of the
de minimis amount will be counted
against the sector ACE and overall ACL
for accountability purposes if the total
fishery-level ACL is exceeded.
By using a nominal amount of the
sector-specific sub-ACL in the
derivation process, the resulting 1percent de minimis carryover falls
within the management uncertainty
buffer established for sectors. This
approach ensures that the de minimis
value is in line with catch limits
established for the FY in which
carryover may be taken. For FY 2015
and beyond, NMFS approves this
approach of using 1 percent of the sector
sub-ACL for the year in which carryover
would be harvested as the default de
minimis amount. The actual value may
vary year-to-year based on the sub-ACLs
specified for the year. NMFS will
publish the actual de minimis amount
in conjunction with either Council
initiated frameworks implementing
ACLs or in sector ACE adjustment rules.
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Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules and Regulations
TABLE 1—POTENTIAL FY 2014 CATCH LIMIT INFORMATION, De Minimis CARRYOVER AMOUNTS, TOTAL POTENTIAL
CATCH, AND IMPACT OF REALIZING TOTAL POTENTIAL CATCH
[All weights in metric tons]
2014 Potential catch limit information
Stock of species
FY 2014
OFL
Georges Bank (GB) Atlantic cod ......................
Gulf of Maine (GOM) Atlantic cod ....................
GB Haddock ......................................................
GOM Haddock ..................................................
S. New England (SNE) yellowtail flounder .......
Cape Cod/GOM yellowtail flounder ..................
American Plaice ................................................
Witch Flounder ..................................................
GB Winter Flounder ..........................................
GOM Winter Flounder .......................................
SNE/Mid-Atlantic Winter Flounder ....................
Acadian Redfish ................................................
White Hake ........................................................
Pollock ...............................................................
FY 2014
ABC
3,570
1,917
46,268
440
1,042
936
1,981
1,512
4,626
1,458
3,372
16,130
6,237
20,554
FY 2014
Total ACL
2,506
1,550
35,699
341
700
548
1,515
783
3,598
1,078
1,676
11,465
4,713
16,000
1,867
1,470
18,312
323
665
523
1,442
751
3,493
1,040
1,612
10,909
4,417
15,304
De minimis amount and evaluation
FY 2014
Sector subACL
De minimis
Value—1
Percent of
Sector subACL
Total potential catch
(de minimis
+ total ACL)
1,776
812
17,116
218
469
466
1,357
599
3,364
688
1,074
10,523
4,247
13,131
18
8
171
2
5
5
14
6
34
7
11
105
42
131
1,885
1,478
18,483
325
670
528
1,456
757
3,527
1,047
1,623
11,014
4,459
15,435
Percent of
total ACL
Percent of
ABC
101.0
100.6
100.9
100.7
100.7
100.9
100.9
100.8
101.0
100.7
100.7
101.0
101.0
100.9
75.2
95.4
51.8
95.4
95.7
96.3
96.1
96.7
98.0
97.1
96.8
96.1
94.6
96.5
All stocks are expected to continue use of a 5 percent uncertainty buffer between ABC and ACL in FY 2014 except for GB winter flounder (3 percent).
Corrections to the Code of Federal
Regulations
NMFS modifies the text at
§ 648.14(k)(11)(iv)(A) to clarify the
reporting requirements by removing the
word ‘‘landings’’ from the paragraph.
NMFS modifies the text at
§ 648.85(a)(3)(v) in order to clarify that
the authority granted to the NMFS
Regional Administrator to remove the
daily reporting requirements for special
management programs is separate and
distinct from the regulatory
requirement. This modification moves
the language explaining the Regional
Administrator’s authority to a new
subsection (§ 648.85(a)(3)(v)(B)) with a
further clarification that the Regional
Administrator’s authority also includes
modification of reporting requirements.
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Summary of Comments Received on the
Proposed Rule
On March 17, 2014, we proposed this
rule and requested public comments (79
FR 14635). We received two comments,
one relating to the Eastern U.S./Canada
Area daily catch reporting, and the other
relating to the de minimis carryover.
Comment 1: The Cape Cod
Commercial Fishermen’s Alliance
(CCCFA) expressed continued concern
for the potential for misreporting of GB
cod caught in the Eastern Area as
Western Area GB cod. CCCFA stated
that, although daily reporting for trips
declared into the Eastern Area will help,
it is insufficient to prevent the
misreporting on unobserved trips
catching cod.
Response: The intent of this rule is to
increase accuracy of reporting, and is
based on a recommendation made by
the Council. We agree with the Council
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17:01 May 29, 2014
Jkt 232001
that daily reporting should increase the
accuracy and timeliness of Eastern U.S./
Canada area catch reporting for quota
monitoring. However, NMFS agrees that
misreporting still has the potential to
occur, and welcomes suggestions that
would further reduce the potential for
misreporting.
Comment 2: The Council disagreed
that it was within our authority under
MSA section 305(d) to clarify the
existing Amendment 16 carryover
program. Similar comments were
submitted by the Council in conjunction
with Framework 50 rulemaking where
we implemented carryover accounting
clarification and introduced the de
minimis concept.
Response: NMFS clarified in
Framework 50 how carryover will be
accounted for purposes of
accountability measures, in order to
ensure that NMFS can discharge its
responsibility to implement the
carryover provisions in a manner
consistent with the Magnuson-Stevens
Act, particularly provisions requiring
the prevention of overfishing. Such
clarification is well within the agency’s
authority and is wholly consistent with
the intent of section 305(d) of the
Magnuson-Stevenson Act. None of the
pre-existing carryover regulations
implemented by Amendment 16 were
changed by this clarification: Sectors
may continue to carryover up to 10
percent of unused ACE from the
previous fishing year.
However, the 2014 approach allows
fishermen to rely on some guarantee of
a de minimis amount of carryover
without consequences to promote safety
at sea and management predictability.
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Changes From the Proposed Rule
NMFS makes one change from the
proposed rule in this action, in that it
clarifies the manner in which a sector
vessel using an annually approved
sector exemption to flex into either the
Closed Area II Yellowtail Flounder/
Haddock SAP or the Eastern U.S./
Canada Haddock SAP from the dock
will submit a trip and daily reports
indicating their catch.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that the management measures in this
final rule are consistent with the NE
Multispecies FMP, other provisions of
the Magnuson-Stevens Act, and other
applicable law.
Pursuant to the procedures
established to implement section 6 of
Executive Order (E.O.) 12866, the Office
of Management and Budget has
determined that this final rule is not
significant.
This final rule does not contain
policies with federalism or ‘‘takings’’
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. We received no comments on
that certification. As a result, a
regulatory flexibility analysis is not
required, and was not prepared.
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Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules and Regulations
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: May 22, 2014
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
§ 648.85
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.14, revise paragraph
(k)(11)(iv)(A) to read as follows:
■
§ 648.14
Prohibitions.
*
*
*
*
(k) * * *
(11) * * *
(iv) * * * (A) If fishing under a NE
multispecies DAS or on a sector trip in
the Western U.S./Canada Area or
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*
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14:58 May 29, 2014
Jkt 232001
Eastern U.S./Canada Area specified in
§ 648.85(a)(1), fail to report in
accordance with § 648.85(a)(3)(v).
*
*
*
*
*
■ 3. In § 648.85, revise paragraph
(a)(3)(v) to read as follows:
Special management programs.
(a) * * *
(3) * * *
(v) Reporting. (A) The owner or
operator of a common pool vessel must
submit reports via VMS, in accordance
with instructions provided by the
Regional Administrator, for each day of
the fishing trip when declared into
either of the U.S./Canada Management
Areas. The owner or operator of a sector
vessel must submit daily reports via
VMS, in accordance with instructions
provided by the Regional Administrator,
for each day of the fishing trip when
declared into the Eastern U.S./Canada
Area. Vessels subject to the daily
reporting requirement must report daily
for the entire fishing trip, regardless of
what areas are fished. The reports must
be submitted in 24-hr intervals for each
day, beginning at 0000 hr and ending at
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31053
2359 hr, and must be submitted by 0900
hr of the following day, or as instructed
by the Regional Administrator. The
reports must include at least the
following information:
(1) VTR serial number or other
universal ID specified by the Regional
Administrator;
(2) Date fish were caught and
statistical area in which fish were
caught; and
(3) Total pounds of cod, haddock,
yellowtail flounder, winter flounder,
witch flounder, pollock, American
plaice, redfish, Atlantic halibut, ocean
pout, Atlantic wolffish, and white hake
kept (in pounds, live weight) in each
broad stock area, specified in
§ 648.10(k)(3), as instructed by the
Regional Administrator.
(B) The Regional Administrator may
remove or modify the reporting
requirement for sector vessels in
§ 648.85(a)(3)(v) in a manner consistent
with the Administrative Procedure Act.
*
*
*
*
*
[FR Doc. 2014–12538 Filed 5–29–14; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Rules and Regulations]
[Pages 31050-31053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12538]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 131030919-4436-02]
RIN 0648-BD73
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Reporting Requirements; Unused Catch Carryover
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing two measures in this rulemaking: A
requirement for daily Vessel Monitoring System (VMS) catch reporting
for vessels declared to fish in the Eastern U.S./Canada Area; and the
de minimis amount of unused fishing year (FY) 2013 sector annual catch
entitlement (ACE) that may be carried over, beginning in FY 2014,
without being subject to potential accountability measures. The
revision to the reporting requirement is necessary to ensure accurate
and timely Eastern U.S./Canada Area catch reporting for quota
monitoring purposes. The de minimis carryover amount is necessary to
complete the carryover process NMFS described for FY 2014 in
conjunction with the May 2013 rulemaking for Framework Adjustment 50 to
the Northeast (NE) Multispecies Fishery Management Plan (FMP).
DATES: This rule is effective June 30, 2014. The de minimis carryover
amount outlined in Table 1 in the preamble is effective June 30, 2014,
through April 30, 2015.
ADDRESSES: Copies of Framework 50 and its associated documents,
including the environmental assessment (EA), the Regulatory Impact
Review (RIR), and the Final Regulatory Flexibility Analysis (FRFA)
prepared by the Council and NMFS are available from John K. Bullard,
Regional Administrator, NMFS Northeast Regional Office (NERO), 55 Great
Republic Drive, Gloucester, MA 01930. The previously listed documents
are also accessible via the Internet at: https://www.nero.noaa.gov/sfd/sfdmulti.html.
FOR FURTHER INFORMATION CONTACT: For information on the Eastern U.S./
Canada Area reporting requirements in this rule contact Liz Sullivan,
Fishery Management Specialist, phone: 978-282-8493. For information on
the unused ACE de minimis carryover amount, contact Mike Ruccio,
Fishery Policy Analyst, phone: 978-281-9104.
SUPPLEMENTARY INFORMATION:
1. Background
Eastern U.S./Canada Area Daily VMS Reporting. Prior to FY 2013, the
regulatory text for the catch monitoring/attribution program for
Georges Bank (GB) cod and haddock required that all GB cod and haddock
caught on a trip in which a vessel fished in both the Western and
Eastern U.S./Canada Areas be attributed to the Eastern Area. In
practice, we attributed catch of these stocks to areas fished based on
our understanding that Amendment 16 to the FMP intended this result;
however, the regulatory text was inadvertently left unchanged from pre-
Amendment 16 measures.
In commenting on a proposed rule for Amendment 48 to the FMP (78 FR
18188; March 25, 2013), which included a measure to correct this
inadvertent language holdover, the New England Fishery Management
Council (Council) objected to the proposed revision, stating it was
inconsistent with their intent in Amendment 16. Because the proposed
change was meant to reflect Council intent regarding Amendment 16, we
withdrew its proposed revision, leaving the original text in place in
the final rule (i.e., GB cod and haddock catch would be attributed to
the Eastern U.S./Canada Area). We noted this change as an interim
measure, but asked for comments as it varied from the proposed rule. We
then received a second comment letter from the Council on the interim
measure, retracting the first statement of intent, and supporting the
approach we first proposed. The Council also suggested that the
requirement for daily reporting of catch in the Eastern Area should be
reinstituted as allowed under Amendment 16 through Regional
Administrator authority to better ensure timely and accurate reporting
for quota monitoring purposes.
Based on the second Council letter, we announced on July 10, 2013,
that Eastern U.S./Canada Area catch monitoring was being changed from
the interim method to a system that apportions catch based on area
fished, consistent with the recommendation of the Council and the 2013
proposed rule measure. We published the final rule for this monitoring
method on August 29, 2013 (78 FR 53363). Accounting for all FY 2013
trips has been retroactively revised from the interim approach to the
area fished method. Such changes were considered to be within the
purview of the Regional Administrator (Sec. 648.85(a)(3)(ii)(A)).
The Amendment 16 final rule (75 FR 18262; April 9, 2010) also
intended to remove the requirement for sector vessels to submit daily
VMS catch reports when declared into the U.S./Canada Management Area,
as well as the two Eastern U.S./Canada Special Access Programs (SAPs;
the Closed Area II Yellowtail Flounder/Haddock SAP and the Eastern
U.S./Canada Haddock SAP), because the requirement for a weekly sector
manager report was determined to be sufficient by the Regional
Administrator. This intent was captured in the preamble of the proposed
and final rules for Amendment 16; however, this change was not
reflected in the regulatory text at Sec. 648.85(a)(3)(v).
Subsequently, the Council requested that we implement a daily reporting
requirement for the Eastern U.S./Canada Area to address misreporting
and ensure more accurate and timely reporting for this area. As part of
the rulemaking on August 29, 2013 (78 FR 53363), we announced our
intention to require sector vessels declared to fish in the Eastern
U.S./Canada Area to submit daily VMS catch
[[Page 31051]]
reports. We did not, and do not, intend to change the weekly reporting
requirement for vessels declared only into the Western U.S./Canada
Area.
Because the daily reporting requirement is already specified in the
regulations (Sec. 648.85(a)(3)(v)) for vessels declared into the
Eastern U.S./Canada Area, this provision need not change, except to
clarify that the daily reporting requirement does not apply to vessels
declared only into the Western U.S./Canada Area. Accordingly, this
action modifies the reporting requirement of Sec. 648.85(a)(3)(v) to
clarify that only sector vessels that have declared into the Eastern
U.S./Canada Area are required to submit daily catch reports, and that,
for vessels declared only into the Western U.S./Canada Area, sectors
must continue to submit weekly sector catch reports. The intent of this
action is to improve the accuracy of reporting of the Eastern U.S./
Canada Area.
De Minimis Unused Sector ACE Carryover. In conjunction with the
rule implementing Framework Adjustment 50 for FY 2013, we issued
rulemaking under section 305(d) of the Magnuson-Stevens Act to clarify
how accounting for year-to-year unused sector ACE carryover would be
handled beginning in FY 2014 (78 FR 26172; May 3, 2013). The applicable
regulations outlining the carryover system, including the revisions
made in Framework Adjustment 50, can be found in Sec.
648.87(b)(1)(i)(F)(1)-(5).
Our clarification specified that sectors would be held accountable
for any overage of the sector-specific sub-annual catch limit (sub-ACL)
if the total fishery level ACL were exceeded in any given year,
consistent with the existing accountability measures regulations. The
clarification makes explicitly clear that sectors would be accountable
for carried-over catch used if the total ACL is exceeded, except for a
nominal de minimis amount to be determined by NMFS. We believe
providing a nominal amount of carryover is an important safety
consideration because, by allowing some carryover, vessels could elect
to forego some portion of, or entire, late-season fishing trips for
safety reasons, knowing that they could instead harvest the de minimis
amount in the next fishing year, irrespective of any accountability
measures. Substantial explanation of the carryover program accounting
is provided in Framework 50 and the associated rulemaking documents,
and is not repeated here.
Recently, the U.S. District Court (District of Columbia) found that
the FY 2013 carryover catch accounting measures implemented as a
transition-year approach, before a system that maintained full
accountability if total ACLs are exceeded, violated the Magnuson-
Stevens Act. We will be developing a separate emergency rulemaking to
implement a remedy for carryover of FY 2013 catch to 2014.
2. Approved Measures
Eastern U.S./Canada Area Daily VMS Reporting. NMFS approves the
requirement for sector vessels declared to fish in the Eastern U.S./
Canada Area to submit daily VMS catch reports. The reports must be
submitted in 24-hour intervals for each day, and are required to
include at least the following information:
1. VTR serial number or other universal ID specified by the
Regional Administrator;
2. Date fish were caught and statistical area in which the fish
were caught; and
3. Total pounds of cod, haddock, yellowtail flounder, winter
flounder, witch flounder, pollock, American plaice, redfish, Atlantic
halibut, ocean pout, Atlantic wolffish, and white hake kept (in pounds,
live weight) in each broad stock area, specified in Sec. 648.10(k)(3),
as instructed by the Regional Administrator.
The regulations at Sec. 648.85(a)(3)(v) currently require sector
vessels to submit daily reports if they declare into a U.S./Canada
Area. This rule does not require a substantive change to the
regulations for vessels declared into the Eastern U.S./Canada Area,
because daily reporting is needed in the Eastern U.S./Canada Area to
ensure accurate catch reporting. However, although the previous
regulatory text required daily reporting for vessels declared into the
Western U.S./Canada Area, weekly sector catch reports have been
determined to be sufficient for that area. Therefore, the regulatory
text at Sec. 648.85(a)(3)(v) is modified to delete the daily reporting
requirement for such vessels.
Pursuant to the regulations at Sec. 648.10(k)(2), vessels that
have declared their intent to fish within multiple Broad Stock Areas
must submit a trip-level hail report via VMS. This report must include
the landed weight of regulated species and total retained catch, unless
the vessel is fishing in a special management program such as the
Eastern U.S./Canada Area, and is required to submit daily reports via
VMS. With this rule, a sector vessel on a trip declared into the
Eastern U.S./Canada Area and fishing in multiple Broad Stock Areas is
exempt from the requirement to submit a trip-level catch report.
A sector vessel using an annually approved sector exemption from
the requirement to declare intent to fish in either the Closed Area II
Yellowtail Flounder/Haddock SAP or the Eastern U.S./Canada Haddock SAP
from the dock (known as flexing) will be required to submit a report to
indicate their catch for the trip up until the time they declare into
the Eastern U.S./Canada SAP. Once declared into either of these SAPs,
the sector vessel must submit daily reports for the remainder of the
trip.
De Minimis Unused Sector ACE Carryover. NMFS approves the measure
to provide 1 percent of the annual sector sub-annual catch limit (sub-
ACL) as the de minimis carryover amount, starting in FY 2014. This de
minimis amount of carryover, if used, will not be specifically counted
against the sector ACE or ACL for accountability purposes. The full
sub-ACL is still allocated to sectors as ACE (i.e., not reduced by 1
percent). The existing carryover provision that allows up to 10 percent
of unused sector ACE to be carried over remains in effect; however, any
carried over catch in excess of the de minimis amount will be counted
against the sector ACE and overall ACL for accountability purposes if
the total fishery-level ACL is exceeded.
By using a nominal amount of the sector-specific sub-ACL in the
derivation process, the resulting 1-percent de minimis carryover falls
within the management uncertainty buffer established for sectors. This
approach ensures that the de minimis value is in line with catch limits
established for the FY in which carryover may be taken. For FY 2015 and
beyond, NMFS approves this approach of using 1 percent of the sector
sub-ACL for the year in which carryover would be harvested as the
default de minimis amount. The actual value may vary year-to-year based
on the sub-ACLs specified for the year. NMFS will publish the actual de
minimis amount in conjunction with either Council initiated frameworks
implementing ACLs or in sector ACE adjustment rules.
[[Page 31052]]
Table 1--Potential FY 2014 Catch Limit Information, De Minimis Carryover Amounts, Total Potential Catch, and Impact of Realizing Total Potential Catch
[All weights in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014 Potential catch limit information De minimis amount and evaluation
-------------------------------------------------------------------------------------------------------
De minimis Total
Stock of species FY 2014 Value--1 potential
FY 2014 OFL FY 2014 ABC FY 2014 Sector sub- Percent of catch (de Percent of Percent of
Total ACL ACL Sector sub- minimis + total ACL ABC
ACL total ACL)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Georges Bank (GB) Atlantic cod.................. 3,570 2,506 1,867 1,776 18 1,885 101.0 75.2
Gulf of Maine (GOM) Atlantic cod................ 1,917 1,550 1,470 812 8 1,478 100.6 95.4
GB Haddock...................................... 46,268 35,699 18,312 17,116 171 18,483 100.9 51.8
GOM Haddock..................................... 440 341 323 218 2 325 100.7 95.4
S. New England (SNE) yellowtail flounder........ 1,042 700 665 469 5 670 100.7 95.7
Cape Cod/GOM yellowtail flounder................ 936 548 523 466 5 528 100.9 96.3
American Plaice................................. 1,981 1,515 1,442 1,357 14 1,456 100.9 96.1
Witch Flounder.................................. 1,512 783 751 599 6 757 100.8 96.7
GB Winter Flounder.............................. 4,626 3,598 3,493 3,364 34 3,527 101.0 98.0
GOM Winter Flounder............................. 1,458 1,078 1,040 688 7 1,047 100.7 97.1
SNE/Mid-Atlantic Winter Flounder................ 3,372 1,676 1,612 1,074 11 1,623 100.7 96.8
Acadian Redfish................................. 16,130 11,465 10,909 10,523 105 11,014 101.0 96.1
White Hake...................................... 6,237 4,713 4,417 4,247 42 4,459 101.0 94.6
Pollock......................................... 20,554 16,000 15,304 13,131 131 15,435 100.9 96.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
All stocks are expected to continue use of a 5 percent uncertainty buffer between ABC and ACL in FY 2014 except for GB winter flounder (3 percent).
Corrections to the Code of Federal Regulations
NMFS modifies the text at Sec. 648.14(k)(11)(iv)(A) to clarify the
reporting requirements by removing the word ``landings'' from the
paragraph.
NMFS modifies the text at Sec. 648.85(a)(3)(v) in order to clarify
that the authority granted to the NMFS Regional Administrator to remove
the daily reporting requirements for special management programs is
separate and distinct from the regulatory requirement. This
modification moves the language explaining the Regional Administrator's
authority to a new subsection (Sec. 648.85(a)(3)(v)(B)) with a further
clarification that the Regional Administrator's authority also includes
modification of reporting requirements.
Summary of Comments Received on the Proposed Rule
On March 17, 2014, we proposed this rule and requested public
comments (79 FR 14635). We received two comments, one relating to the
Eastern U.S./Canada Area daily catch reporting, and the other relating
to the de minimis carryover.
Comment 1: The Cape Cod Commercial Fishermen's Alliance (CCCFA)
expressed continued concern for the potential for misreporting of GB
cod caught in the Eastern Area as Western Area GB cod. CCCFA stated
that, although daily reporting for trips declared into the Eastern Area
will help, it is insufficient to prevent the misreporting on unobserved
trips catching cod.
Response: The intent of this rule is to increase accuracy of
reporting, and is based on a recommendation made by the Council. We
agree with the Council that daily reporting should increase the
accuracy and timeliness of Eastern U.S./Canada area catch reporting for
quota monitoring. However, NMFS agrees that misreporting still has the
potential to occur, and welcomes suggestions that would further reduce
the potential for misreporting.
Comment 2: The Council disagreed that it was within our authority
under MSA section 305(d) to clarify the existing Amendment 16 carryover
program. Similar comments were submitted by the Council in conjunction
with Framework 50 rulemaking where we implemented carryover accounting
clarification and introduced the de minimis concept.
Response: NMFS clarified in Framework 50 how carryover will be
accounted for purposes of accountability measures, in order to ensure
that NMFS can discharge its responsibility to implement the carryover
provisions in a manner consistent with the Magnuson-Stevens Act,
particularly provisions requiring the prevention of overfishing. Such
clarification is well within the agency's authority and is wholly
consistent with the intent of section 305(d) of the Magnuson-Stevenson
Act. None of the pre-existing carryover regulations implemented by
Amendment 16 were changed by this clarification: Sectors may continue
to carryover up to 10 percent of unused ACE from the previous fishing
year.
However, the 2014 approach allows fishermen to rely on some
guarantee of a de minimis amount of carryover without consequences to
promote safety at sea and management predictability.
Changes From the Proposed Rule
NMFS makes one change from the proposed rule in this action, in
that it clarifies the manner in which a sector vessel using an annually
approved sector exemption to flex into either the Closed Area II
Yellowtail Flounder/Haddock SAP or the Eastern U.S./Canada Haddock SAP
from the dock will submit a trip and daily reports indicating their
catch.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that the management
measures in this final rule are consistent with the NE Multispecies
FMP, other provisions of the Magnuson-Stevens Act, and other applicable
law.
Pursuant to the procedures established to implement section 6 of
Executive Order (E.O.) 12866, the Office of Management and Budget has
determined that this final rule is not significant.
This final rule does not contain policies with federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. We received no comments on that certification. As a result, a
regulatory flexibility analysis is not required, and was not prepared.
[[Page 31053]]
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: May 22, 2014
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.14, revise paragraph (k)(11)(iv)(A) to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(k) * * *
(11) * * *
(iv) * * * (A) If fishing under a NE multispecies DAS or on a
sector trip in the Western U.S./Canada Area or Eastern U.S./Canada Area
specified in Sec. 648.85(a)(1), fail to report in accordance with
Sec. 648.85(a)(3)(v).
* * * * *
0
3. In Sec. 648.85, revise paragraph (a)(3)(v) to read as follows:
Sec. 648.85 Special management programs.
(a) * * *
(3) * * *
(v) Reporting. (A) The owner or operator of a common pool vessel
must submit reports via VMS, in accordance with instructions provided
by the Regional Administrator, for each day of the fishing trip when
declared into either of the U.S./Canada Management Areas. The owner or
operator of a sector vessel must submit daily reports via VMS, in
accordance with instructions provided by the Regional Administrator,
for each day of the fishing trip when declared into the Eastern U.S./
Canada Area. Vessels subject to the daily reporting requirement must
report daily for the entire fishing trip, regardless of what areas are
fished. The reports must be submitted in 24-hr intervals for each day,
beginning at 0000 hr and ending at 2359 hr, and must be submitted by
0900 hr of the following day, or as instructed by the Regional
Administrator. The reports must include at least the following
information:
(1) VTR serial number or other universal ID specified by the
Regional Administrator;
(2) Date fish were caught and statistical area in which fish were
caught; and
(3) Total pounds of cod, haddock, yellowtail flounder, winter
flounder, witch flounder, pollock, American plaice, redfish, Atlantic
halibut, ocean pout, Atlantic wolffish, and white hake kept (in pounds,
live weight) in each broad stock area, specified in Sec. 648.10(k)(3),
as instructed by the Regional Administrator.
(B) The Regional Administrator may remove or modify the reporting
requirement for sector vessels in Sec. 648.85(a)(3)(v) in a manner
consistent with the Administrative Procedure Act.
* * * * *
[FR Doc. 2014-12538 Filed 5-29-14; 8:45 am]
BILLING CODE 3510-22-P
